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Attorneys for Both Plaintiffs, Employers Offer Views on Leave Under the ADA, FMLA
June 25, 2013
Source: Bloomburg BNA
“Ironically, the best statement of the ADA's ability to extend medical leave comes not from the ADA, but from FMLA, which states that the ADA allows an indeterminate amount of leave, barring undue hardship, as a reasonable accommodation,” said Avi Kumin, a partner at Katz, Marshall and Banks. Kumin observed that employees typically think about medical leave in terms of the FMLA or the employer's disability leave policy, but rarely see the ADA as a tool for getting additional leave. In most cases, he contended, the human resources office has informed the employee about leave under FMLA and the employer's short-term disability policy, but not about leave under the ADA.
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